COSC 463 Exam 1 (with 100% Errorless Answers)

Contract correct answers Law dealing with a set of promises made by one party to another, the breach or upholding of that particular set of promises Breach of Contract correct answers When one party fails to execute what they agreed upon, without justification or reason Breach of Contract correct answers In a situation where a contractor fails to use the specified trim paint color, or its failure to complete the work on time, what has taken place? Express obligations correct answers Obligations that are spelled out in the agreement or contract Implied obligations correct answers Obligations that are less obvious, but just as important, including good faith and cooperation Cooperation correct answers What is a common example of an implied obligation within a construction contract? implied obligation, cooperation correct answers When an owner does not allow the contractor access to the site in order to perform its work, a hinderance of duties is present as a result of violating a(n) ___________, specifically __________ f correct answers T/F The fact that the common law of contracts is grounded in legal precedent helps provide certainty in commercial transactions and may suggest that construction law does not evolve. Tort correct answers A civil wrong, for which the court will provide a remedy in the form of an action for damages A civil action commenced and maintained by the injured party itself negligent, intentional, strict liability correct answers What are the three categories of torts? Intentional Tort correct answers A tort where the wrongdoer either expressly or by implication intended the act that resulted the injury Conversion correct answers Intentional tort where the interference with the property of another to the extent that the wrongdoer deprives the owner of possession Breach of contract correct answers What does not fall under the penumbra of a tort Negligence correct answers Lack of due diligence or care negligence correct answers Considering that a design professional owes a duty of competence to everyone, what violation will a design professional be charged with if unqualified to design?